On February 9, 2009, US Attorney General Eric Holder ordered a review of all government claims invoking the state secrets privilege. A spokesperson for the Department of Justice (DOJ) said that each state secrets claim will be reviewed to make sure the privilege was invoked only in lawful situations. The state secrets privilege was regularly invoked by the administration of George W. Bush to block lawsuits over controversial anti-terrorism programs, including warrantless surveillance. In September 2008, a secrecy "report card" released by OpenTheGovernment.org revealed that the Bush administration invoked the state secrets privilege at double the rate of previous administrations.

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